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MESITI v. MONGIELLO

510672.

84 A.D.3d 1547 (2011)

924 N.Y.S.2d 175

ANNA MARIE MESITI, Appellant, v. ANTHONY MONGIELLO, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 12, 2011.

EGAN JR., J.

The parties were married in 1987 and are the parents of two children, born in 1993 and 1998. In April 2008, plaintiff (hereinafter the wife) commenced an action for divorce. In September 2008, respondent (hereinafter the husband) filed an application seeking sole custody of the children, and a hearing upon that application was scheduled for September 11, 2008. Shortly before that hearing, the parties signed two written agreements—one

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